GIRIJA DEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section >439 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the 1st accused in Crime No.855 of 2017 of Kayamkulam Police Station, registered alleging offence punishable under Sections 120B, 419, 420, 465 and 468 r/w section 34 of the IPC.

(3.) The aforesaid crime was registered on the basis of a complaint filed by the husband of the petitioner herein. According to the de facto complainant, he was employed as a Deputy Engineer at KELTRON, Thiruvananthapuram. While he was on an official tour, the petitioner herein is alleged to have availed a loan of Rs. 6 lakhs from the Indian Overseas Bank, Kayamkulam branch. For the purpose of availing loan, she is alleged to have produced a salary certificate showing her husband as the guarantor. The salary certificate was forged giving incorrect figures with respect to her salary and date of retirement. Even the signature of the judicial officer was forged. In the application form, the petitioner is alleged to have affixed the photographs of the 2nd accused who is the husband of her elder sister, in the place meant for her husband. The 2nd accused is alleged to have illegally signed the application form impersonating the de facto complainant. The fraud was realized only when notice was issued from the bank to the de facto complainant intimating him of the default. Immediately he rushed to the learned Magistrate and filed a complaint which was referred to the police. Since the case was referred after investigation, he preferred a writ petition before this Court seeking further investigation. It appears that in the meanwhile the investigation was handed over to the Inspector of Police who conducted the investigation in the matter. The sisters of the petitioner herein were initially arrayed as the accused nos.2 and 4 and the 2nd accused was originally arrayed as the 3rd accused. Later accused nos.2 and 4 were deleted from the pfy array.